16Meaning of associate and relevant group of persons

16  Meaning of associate and relevant group of persons

 (1) Each of the following is an associate in relation to a person:

 (a) in relation to a body corporate:

 (i) a director or secretary of the body;

 (ii) a related body corporate;

 (iii) a director or secretary of a related body corporate;

 (iv) an individual who controls at least 15% of the voting power or holds at least 15% of the issued shares in the body;

 (b) in relation to an individual:

 (i) the individual’s spouse;

 (ii) the individual’s de facto partner within the meaning of the Acts Interpretation Act 1901;

 (iii) a body corporate in which the individual controls at least 15% of the voting power or holds at least 15% of the issued shares;

 (iv) where the individual is a director or secretary of a body corporate—the body corporate and any related body corporate;

 (c) in relation to any person (the first person)—any other person (other than the Commonwealth when represented by the ACMA) who is party to a relevant agreement with the first person that either or both:

 (i) is for the use by one party to the agreement of spectrum licensed to another party to the agreement under a spectrum licence for a part of the spectrum referred to in the re‑allocation declaration;

 (ii) relates to the acquisition of a spectrum licence for a part of the spectrum referred to in the re‑allocation declaration.

 (2) For the purposes of paragraph (1)(c), a relevant agreement means an agreement, arrangement or understanding:

 (a) whether formal or informal, or partly formal and partly informal; and

 (b) whether written or oral, or partly written and partly oral; and

 (c) whether or not having legal or equitable force and whether or not based on legal or equitable rights;

but does not include:

 (d) a roaming services agreement or an agreement between carriers provided for by or under the Telecommunications Act 1997 or Part XIC of the Competition and Consumer Act 2010; or

 (e) an agreement that, to the extent it deals with a part of the spectrum referred to in the re‑allocation declaration, deals only with spectrum associated with left‑over lots.

 (3) In this instrument, relevant group of persons means:

 (a) a person and all associates of that person; or

 (b) subject to subsection (4), any 2 or more groups referred to in paragraph (a) that have at least one member in common.

 (4) For the purposes of paragraph (3)(b), an individual is taken not to be a member in common between 2 or more groups that are comprised of a person (the relevant person) and the associates of that relevant person where all of the following apply: